Page:United States Statutes at Large Volume 115 Part 2.djvu/89

 PUBLIC LAW 107-107—DEC. 28, 2001 115 STAT. 1073 'Total nvimber of members Number of officers who may be serving in the grade of: of Naval Reserve serving on full-time reserve com- Lieutenant comr^^ j„_ r >».,+ „;„ ponentduty: mander Commander Captain 22,000 1,384 6K> 258 23,000 1,400 615 265 24,000 1,410 620 270. "(b) DETERMINATIONS BY INTERPOLATION.— I f the total number of members of a reserve component serving on full-time reserve component duty is between any two consecutive numbers in the first column of the appropriate table in paragraph (1) or (2) of subsection (a), the corresponding authorized strengths for each of the grades shown in that table for that component are determined by mathematical interpolation between the respective numbers of the two strengths. If the total number of members of a reserve component serving on full-time reserve component duty is more or less than the highest or lowest number, respectively, set forth in the first column of the appropriate table in paragraph (1) or (2) of subsection (a), the Secretary concerned shall fix the corresponding strengths for the grades shown in that table at the same proportion as is reflected in the nearest limit shown in the table. "(c) REALLOCATIONS TO LOWER GRADES.—Whenever the number of officers serving in any grade for duty described in subsection (a) is less than the number authorized for that grade under this section, the difference between the two numbers may be applied to increase the number authorized under this section for any lower grade. "(d) SECRETARIAL WAIVER.—(1) Upon determining that it is in the national interest to do so, the Secretary of Defense may increase for a particular fiscal year the number of reserve officers that may be on full-time reserve component duty for a reserve component in a grade referred to in a table in subsection (a) by a number that does not exceed the number equal to 5 percent of the maximum number specified for the grade in that table. "(2) Whenever the Secretary exercises the authority provided Notice, in paragraph (1), the Secretary shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives notice in writing of the adjustment made. "(e) FULL-TIME RESERVE COMPONENT DUTY DEFINED. —In this section, the term 'full-time reserve component duty' means the following duty: " (1) Active duty described in sections 10211, 10302, 10303, 10304, 10305, 12310, or 12402 of this title. "(2) Full-time National Guard duty (other than for training) under section 502(f) of title 32. "(3) Active duty described in section 708 of title 32.". (b) SENIOR ENLISTED MEMBERS. —The text of section 12012 of title 10, United States Code, is amended to read as follows: "(a) LIMITATIONS.— Of the total number of members of a reserve component who are serving on full-time reserve component duty at the end of any fiscal year, the number of those members in each of pay grades of E-8 and E-9 who may be serving on active duty under section 10211 or 12310, or on full-time National Guard duty under the authority of section 502(f) of title 32 (other than

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